By expanding preventive powers, the Dutch criminal justice system is increasingly aimed at detecting risky people and groups as soon as possible. This so-called actuarial justice is accompanied by a great deal of discretionary power in the hands of those who have to enforce the law, bearing the risk that such powers may be carried out (in part) on the basis of generalizations relating to race, ethnicity, religion or nationality instead of on the basis of individual behavior and/or objective evidence. By presenting the results of an exploratory study into the perceptions of minorities with regard to racial profiling, the main conclusion of this article is that there is a clear necessity for further empirical research into this area.

One of the defining characteristics of so-called ‘loverboys’ is their exploitation of victims in any possible way, including forcing these exploited women to commit crimes. In this way, victims become criminal offenders. After a critical review of the use of the term ‘loverboy’, the first part of this article discusses the responsibility of the Dutch probation service in addressing the problem. The second part describes various ways in which probation officers come into contact with this particular group of offenders and how this contact could then be maintained.

Early this year, a bill was introduced proposing mandatory minimum sentences in the Netherlands. Despite harsh criticism from within the legal complex, the bill has not been withdrawn, instead its scope has been broadened. This article states that the reasons given for the introduction of mandatory minimum sentences have no empirical foundation and that the objectives of the bill will not be reached: mandatory minimum sentences will not contribute to the prevention of crime. The reason for the introduction of the bill is nothing less than a textbook example of penal populism.

There are many situations in which people with a learning disability encounter law enforcement. Early recognition of their learning disability by police and justice authorities is necessary to ensure an appropriate manner of communication and handling that takes into account their limitations and abilities. Yet, without special knowledge, it is not easy to recognize the learning disability, especially if the limitations of the disability are mild. Diagnosing a learning disability requires taking into account several aspects, and a simply determination of the IQ is definitely insufficient. This article deals with the specific characteristics of people with a learning disability in their contacts with the police and the justice system. Furthermore recommendations are given as to how to interrogate them in a respectful and correct way.

The Dutch probation service has some indications that a substantial part of the probationers have intellectual disabilities. However, there is a lack of reliable information on the exact numbers. Three issues concerning probationers with intellectual disabilities are discussed, that ask further research and development in the field of probation. The first issue is the necessity to improve screening and assessment. Reliable and valid assessment of an intellectual disability is important to match interventions and supervision to the possibilities and skills of probationers. A second issue is the availability of interventions and policy that are suitable for probationers with intellectual disabilities. Some examples are given on offender supervision. Besides that, probation officers must have enough knowledge and skills to supervise this group in an effective way. A third issue is the co-operation of the probation service with mental healthcare.

Signs that a more or less substantial group of people in Dutch prison experience problems as a result of an intellectual disability, suggest that it makes sense to track this group and subsequently offer them the support they need. The reason this does not happen in practice is a lack of knowledge on various fronts. As it is, it is not clear how large the group of people with an intellectual disability in Dutch prisons is, what problems they face, and what could aid them. This article highlights what we do know and what we do not know with regards to this group.

Casefile analysis concerning serious youth offenders under a mandatory treatment order in The Netherlands showed that, amongst youth offenders of various IQ-levels (IQ < 70, IQ 70-85, and IQ > 85), behavioural and mental health problems and social background characteristics are in many respects very similar. However, differences found in for example social skills and relationships and the needs inherent with having an intellectual disability (ID) have important implications for the way treatment is offered. As a large proportion of the serious youth offenders has an ID, this is important to consider. Furthermore, as intelligence has a dynamic aspect, the authors advise to occasionally reassess these youths.

Since 2003, Dutch juveniles on remand who go to school or have work can be held in ‘night detention’: they attend their school or work during the day and spend the nights and weekends in a young offender institution. The authors examine how this form of youth detention relates to basic principles in juvenile criminal law and penitentiary law. They argue that based on international standards stating that juveniles should be detained with as few restraints as possible, night detention should be made available if circumstances allow it not only for juveniles on remand, but for juveniles subject to any form of detention.

Recent scientific studies have shown that a major part of juvenile delinquency is due to the incomplete development of adolescents and will stop before the age of 23. The Convention on the Rights of the Child and the accompanying General Comment Children’s rights in juvenile justice give detailed guidelines about juvenile justice. This article focuses on an advice of the Council for the Administration of Criminal Justice and Protection of Juveniles, according to which both of these developments require adjustment of the lower and upper age limit of criminal responsibility for juvenile offenders and justify a special criminal law for adolescents.

To what extent have the Dutch police a distinct culture that corresponds with the image of police culture as it has been described in American studies of the 1960s and 1970s? A survey among 260 police officers shows that the Dutch police culture has a strong emphasis on mission, action, and cynicism. Other well-known elements, like conservatism and machismo proved to be less important. In accordance with the stress-coping theory police culture proved to be stronger if police officers were confronted with internal and external stress. Police culture is positively related with a crime fighting police style, and negatively with a service/guardian style. No relations could be found with a professional police style.

Suspects with a mental retardation are a vulnerable group in the judicial investigation. This group of suspects is more susceptible to influence and there is an increased risk of getting an incomplete, inaccurate and inconsistent statement. That is the reason why on an extremely careful manner should be dealt with these suspects. It appears that this degree of care in an interrogatory often will not be respected. This article analyses the current safeguards surrounding the interrogation of mentally retarded suspects. It remains to be seen whether the current rules for the interrogation of mental retarded suspects will safeguard their position adequately.

Almost ten years after the catastrophic attacks in New York and Washington, Dutch counterterrorism legislation has been evaluated. Since (the drafting of) this body of legislation has been highly criticized over the past years, there was a great need for a thorough and objective evaluation, covering the questions that were risen over years concerning the legitimacy, necessity and effectiveness of the counterterrorism legislation. This article aims to show that the political nature of counterterrorism seems to impede on such an evaluation by systematically discussing the flaws and weaknesses of the evaluative study carried out by the Ministry of Security and Justice.

In the near future juvenile delinquents who return from a PIJ-measure (Placement in Institution for Juvenile Offenders) will receive aftercare on a compulsory basis. Aftercare aims at a successful re-adjustment in society, contributing to reduced recidivism. In 2008 a pilot was set up in which 18+ PIJ youth were offered voluntary aftercare. Commissioned by the Ministry of Justice, Regioplan Beleidsonderzoek investigated the experiences in the pilot. Results show that the content of the aftercare is mainly focused on practical issues. Support on (further) development of psychosocial abilities is minimal. The authors make recommendations that could be relevant in setting up the content of obligatory and effective aftercare.

Due to the present political discussion concerning the formalisation of police performance (so-called performance contracts), this article looks into the effects of these contracts on the actions of community policemen. The results are based on interviews and observations. Not so much the line of policy, but the social interactions that occur between officers and citizens influence the discretionary actions of community policemen. In addition, the policeman’s state of mind, experience and the severity of the consequences of the offender have a relevant impact on work performance and the decision to fine or not. Merely the performance contracts produce little effect on the enforcement of community policemen.

In the fight against human trafficking it is very important that victims are willing to report incidents and otherwise cooperate with the criminal proces. In practice there are serious problems with the attitude of the victim towards the suspect and with the consistency and solidness of the testimonies of the victim. In a study to explore this problem we found that the perspectives of the victims were not on the same wavelength with the perspective of the criminal law. In order to illustrate this great gap, in this article we present a case-study.

Combatting honour related violence forms an important topic of criminal justice policy in the Netherlands. This article analyzes this policy, in particular the prosecution guideline on honour related violence, thereby focusing on victims and perpetrators, and the difficulties of dealing with the cultural background of honour related violence in criminal justice policy.

The master thesis Meditation inside the prison system describes the role of mindful meditation practises inside the prison environment. This article shortly summarizes the positive effects of (vipassana) meditation on the mental well-being of prisoners as set out in foreign studies and elaborates on the potential context for meditation programmes inside the Dutch prison system. This context can be found in the legal aim of individual rehabilitation including more intrinsic notions of internal growth and in certain insights of criminological nature. Interviews with several prison managers reveal an open attitude towards the practical integration of meditation programmes.

To reduce recidivism of former prisoners, the Ministry of Security and Justice aims at improving the reintegration of former prisoners into free society. The objective is to ensure that former prisoners have, among other things, an income and accommodation at the time they are released from prison. The article studies the changes in the extent that prisoners have an income and accommodation during imprisonment. Results show that before imprisonment 83% of the prisoners have some form of accommodation, 76,2% have a legal income and 70,2% have debts. During imprisonment 28,8% of the prisoners lose their income, and 5,5% of the prisoners lose their accommodation.

Research on comprehensibility of the criminal process has focused on the verdict. However, much less studies have examined the comprehensibility of what is going on during court proceedings, in the eye of the laity. The focus of this article is on the comprehensibility of the linguistic usage of legal terms in court. Based on observations in the magistrates’ court, both quantitative and qualitative data was collected. Analysis shows an increase of comprehensibility when judges strictly follow the judicial procedure in court. Defendants do not always understand the legal terms and there appears to be a gap between the legal profession and the laity.

For several years nonviolent substance abusing offenders in the United States of America and in the United Kingdom are tried by a specific Drug Court, in which the judge, the prosecutor, the probation officer and a case manager work together to help substance abusing offenders breaking the cycle of addiction and recidivism. Treatment and rehabilitation are the main goals of the Drug Courts. This article considers the benefits and traps of the introduction of the Drug Courts in The Netherlands.